ROSHAN LAL MEHTA Vs. NAND SINGH DECD

JUDGEMENT

(1.) Learned Counsel for the respondent did not desire to file a reply and the case had been directed to be listed for today after notice miscellaneous matters, vide order dated 28.8.1997.

(2.) By this revision petition. Counsel for the petitioner had assailed the order dated 4.9.1993, passed by the then Sub Judge, allowing the application under Order XXII, Rule 3, Civil Procedure Code of the applicant, Mr. Satwant Singh.

(3.) The facts in brief as set out by the Counsel for the petitioner may be briefly noted: The petitioner had purchased the house in question viz. D-229, Ashok Vihar, Delhi, constructed on a plot of 125 sq. yards from one Mr. Nand Singh, the original plaintiff. It is stated that possession was handed over to petitioner Nos. I and 2, who happened to be husband and wife. Sh. Nand Singh had also executed the usual agreement to sell, power of attorney in favour of petitioners and a registered will in favour of Sh. Roshan Lal, petitioner No. 1. On 11.10.1982, the deceased plaintiff, Sh. Nand Singh filed a suit for possession alleging that the petitioner Nos. 1 and 2 had trespassed into the property and sought possession. The suit was filed forma pauperis. The evidence was recorded in support of Sh. Nand Singh's claim for institution of the suit as forma pauperis. The Court found vide its order dated 5.12.1989 that the deceased plaintiff was having income and capable of paying the Court fee. Written statement in the suit was also filed on 18.4.1990 after Nand Singh had paid the court fee. After the death of Sh. Nand Singh on 18.2.1991, applicant Sh. Satwant Singh mewed an application for being substituted as L.Rs. of the deceased plaintiff, Sh. Nand Singh. The substitution was sought on the basis of a will dated 4.8.1997, which happened to be a subsequent will to the will claimed to have been executed in favour of the petitioner by the deceased, Sh. Nand Singh.